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TMI Blog1982 (10) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... charge-sheet not being one contemplated by Section 173(2) read with Section 2(r) of the Code of Criminal Procedure, the Petitioner was entitled to be released on bail. He strenuously urged that though the charge-sheet was filed on 30-1-1982 and cognizance was taken, investigation had not been completed as would be evident from the statement contained in the charge-sheet itself. 3. He drew only attention to several decisions T.V. Sarma v. Smt. Turgakamala Devi and Ors. 1976 Cri. L.J. 1247, Harichand & Raj Pal v. State I.L.R. (1977) Del 267, Suresh Singh v. The State and Ors. 1978 Cri. L.J. 58, Resham Lal Yadav and Ors. v. The State of Bihar 1981 Cri. L.J. 976 and Satya Narain Musadi and Ors. v. State of Bihar (1980) 3 SCC 152. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under Section 170. (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given. (5) When such report is in respect of a case to which Section 170 applies the police officer shall forward to the Magistrate along with the report (a) all documents or relevant extracts ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of charge-sheet (the report under Sub-section (2) of Section 173) and enables the officer-in-charge to take up further investigation and after obtaining further evidence, to forward a further report. Section 173(8) therefore provides forwarding a supplementary charge-sheet and not the one contemplated by Sub-section (2) of Section 173. The language of Section 173(8) is clear. Sub-section (8) has not been intended to be used as a contrivance by the officer-in-charge to bypass the requirements of Section 173(2) and make the same nugatory. 6. It is not open to the officer-in-charge to be an incomplete or preliminary charge-sheet with a view to depriving an accused of his valuable right to liberty when the investigation is not completed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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